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Brown & Fortunato

Brown & Fortunato offers guidance on written protocols


AMARILLO, Texas – Brown & Fortunato has released a new white paper to help HME providers develop written guidance on protecting patients and employees under the challenging conditions of the current public health emergency.

Relaxing the federal anti-kickback statute and Stark

Stakeholders make case for care coordination capabilities of HME suppliers

Historically, Medicare payments for health care have been based on the fee-for-service (FFS) model—that is, Medicare pays for the service regardless of the patient outcome.

Medtrade Spring preview: Don’t get ‘railroaded’ by MCOs, says speaker Pam Colbert


LAS VEGAS – Now that Medicare and Medicaid are turning to managed care organizations (MCOs) more and more to cut costs, HME providers must be vigilant to make sure they get a fair deal, says Pam Colbert, an attorney with Brown & Fortunato.

Devil in the details: The reshaping of the next round of bidding

Up for discussion: product categories, supplier capacity, bona fide bids

WASHINGTON – As HME industry stakeholders work with CMS officials to shape future rounds of competitive bidding, they’re focusing, first, on helping the agency re-arrange the program’s product categories.

Medtrade adds bidding track


ATLANTA – Medtrade has added a track called “The New Competitive Bidding” to its educational lineup, in response to a recent proposed rule that would allow any Medicare-enrolled provider to supply DME to beneficiaries starting Jan. 1, 2019.

B&F adds two healthcare attorneys


AMARILLO, Texas – Brown & Fortunato has added Markus Cicka and Beth Anne Jackson as its two newest shareholders, bringing its total number of health law attorneys to 17, according to an announcement.

AAH taps Bachenheimer for general counsel


WASHINGTON – AAHomecare has retained Brown & Fortunato to provide a range of legal and advisory services.

Legal: Tread lightly with telehealth prescriptions

Q. Can my patients obtain a prescription based on a phone call with a prescribing practitioner that my company or a third-party marketing company pays for?

A.  There is a good chance the prescription issued will not be valid, and the payment for the telehealth encounter could be problematic under an anti-kickback statute.     

Legal: Don’t run afoul of statute

Q. My patients need a qualifying test and a physician interpretation of that test in order to obtain a prescription for an item. Can I pay for all or part of the cost of the test or the interpretation?

A.  It depends on how the item will be paid for and where the patient lives, but for most patients this would not be acceptable.

Bachenheimer on the good fight

‘This industry has so much potential,’ says long-time industry advocate

WASHINGTON ­– Cara Bachenheimer has a new gig that allows her to double-down on her efforts advocating for the HME industry.